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Bronx Premises Liability Law Blog

Police dog bites woman, officer charged

Most New Yorkers and others around the country are aware that police dogs can be used to search a building or assist an officer in taking someone into custody. Police K-9s are controlled by their handlers. The dogs and the handlers are required to undergo a significant amount of training in order to ensure that the handler can maintain control of his or her police K-9.

A police officer in New York's neighboring state of New Jersey has been charged with aggravated assault and official misconduct in connection with an incident involving his police dog. According to reports, the officer was attempting to stop a car on Jan. 29, and the driver did not immediately pull over.

Proposed New York legislation could help prevent animal attack

The district attorney for Nassau County gave a recent news conference in which she advocated reform of New York state animal laws. According to the county district attorney, many of the laws are antiquated, obsolete and in need of reform. For example, some of those outdated rules include a law that makes it illegal to run horses on plank roads and a law that prohibits the sale of over six rabbits if they are less than two months of age. Animal law reform would potentially remove outdated legislation while updating the state's laws that apply to an animal attack and other situations.

Currently, laws relating to abuse against animals and the way animals should be treated are classified under the Agriculture and Markets Law. These laws have changed little over the last 150 years. Indeed, when the laws were created, women could not even vote.

Woman wins $141,000 in sidewalk injury case

A defendant in New York's neighboring state of Connecticut has won $141,000 in damages in a case that revolves around an uneven sidewalk. However, there is a bit more to the story, as the woman was just convicted of first- and second-degree larceny on March 20.

The woman was injured when she tripped and fell on an uneven Bridgeport, Connecticut, sidewalk in 2010. The type and extent of the woman's injuries were not reported. The jury that heard the woman's case deliberated about two hours before reaching a verdict. The 54-year-old woman was awarded $5,000 for her pain and suffering and $136,000 for economic damages.

8 New Yorkers injured as shelves collapse at 99 cent store

Eight people were simply looking for a good deal at a 99 cent store in the Bronx, New York, when everything literally came falling down around them. The shelves in the store had been overloaded with goods, and they finally gave way under the weight. Witnesses said that one shelf went first, but it hit the other ones and created a domino effect that tore down more as well. Soon, goods and shelves were spilling all over the floor.

The hazardous conditions were blamed entirely on the amount of stock on the shelves. Though the items were light -- there were many lunchboxes and bottles of shampoo -- there were just so many of them that the shelves could not hold them up.

Defendant seeks dismissal of sidewalk injury case

There are miles of sidewalk in the New York City area. Some sidewalks are not kept in good condition, resulting in trips, slips, falls and injuries. Some sidewalks are the responsibility of the city to maintain, while others are the responsibility of the property owners. However, no matter where a sidewalk is located, someone is responsible for the safety of the people who use it.

In Illinois, a lawsuit was filed by a woman against the City of Edwardsville. In the premises liability suit, the woman alleges that the city had a duty to make the sidewalk outside of a newly renovated movie theater safe. The drop from the theater's doors to the sidewalk, as well as the slope of the sidewalk, presented a dangerous situation to those exiting the theater, according to the lawsuit.

Rabies clinics aim to take a bite out of infection rates

The Oswego County Health Department just recently held its first rabies clinic of the year in Scirba, New York. This is the first of eight such clinics that will occur periodically throughout the year at various county health clinics until late fall. According to the Oswego County health director, the clinics are a good way to prevent the spread of rabies to humans by immunizing their pets.

The director says that despite their best efforts, rabies can infect any mammal and because of that, it remains a constant threat in the wild. It usually occurs in small instances within populations of skunks, raccoons, bats and similar animals.

New York escalator consulting firm sued by Sears, others

People use escalators every day, and many do so without a thought for their safety. Unfortunately, accidents involving escalators do happen and in many cases, these accidents are even fatal. Escalator companies in New York and across the country have a responsibility to ensure the safety of people who use these moving staircases. A Boston lawsuit was recently settled between the family of a 4-year-old who was killed in an escalator and several defendants.

The accident happened at the Auburn Mall in March 2011. The boy was shopping with several members of his family when the tragedy happened. The guardrail on the escalator pulled the boy through a gap between the escalator and the plexiglass divider. This caused the boy to plunge 18 feet. He landed on a display case. The boy suffered a head injury in the fall. He was taken to a local hospital but succumbed to his injuries the next day.

Inadequate security found at Staten Island daycare centers

Staten Island has 111 daycare centers with permits from the Department of Health and Mental Hygiene. Inspections conducted by the department last year and in the first quarter of 2014 revealed a number of violations in some of these facilities.

These violations pose a number of potential child safety issues. They include failure to have a staff member on duty who is trained in first aid and cardiopulmonary resuscitation, failing to do criminal background checks on employees, and lack of window guards. Some also reportedly failed to conduct or document regular fire drills or to have properly-maintained fire extinguishers, if any at all.

12-year-old girl injured in New York elevator accident

Most people don't give a second thought to stepping into an elevator. It often beats climbing floors and floors of stairs. However, accidents do happen that involve elevators, and some result in serious injuries. That was the case of a 12-year-old girl in New York City on March 21.

Recherche Reality Inc. is responsible for the building maintenance, but it's not known if the company owns the building. It was fined because an elevator was not maintained up to code. The company paid the fine, and the complaint was closed after the problem was fixed. It's not known if this was the same elevator that involved the injury to the girl.

First lawsuit filed in New York gas explosion

A Harlem resident recently filed the initial lawsuit relating to the natural gas explosion in New York City that leveled two apartment buildings, killing three men and five women.

The first plaintiff's lawsuit charges utility provider Consolidated Edison Inc. and a building owner with negligence in the blast. The suit contends that the landlord and utility allowed hazardous conditions and were "negligent in the ownership, operation, management, control, maintenance, repair and/or construction of the aforesaid premises and its natural gas service lines."

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